Common use of Agreement; Effect of Inconsistencies with Act Clause in Contracts

Agreement; Effect of Inconsistencies with Act. This Agreement amends and restates the Original Agreement in its entirety. This Agreement supersedes the Original Agreement, which shall be of no further force or effect. The Partners agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Partners intend that this Agreement shall be the sole source of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner shall be entitled to rely on the provisions of this Agreement, and no Partner shall be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement. The Partners and the Company agree that the duties and obligations imposed on the Partners as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company and the Partners, notwithstanding any provision of the Act, fiduciary duties or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends For and restates in consideration of the Original Agreement in its entirety. This Agreement supersedes mutual covenants herein contained and for other good and valuable consideration, the Original Agreementreceipt and sufficiency of which is hereby acknowledged, which shall be of no further force or effect. The Partners the Members and the Company hereby agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated amended according to its terms. The Partners intend It is the express intention of the parties that this Agreement shall be the sole source of agreement of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other lawlaw or rule. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision the Agreement effective under the Act. If In the event the Act is subsequently amended or interpreted in such a way as to validate a make any provision of this Agreement that was formerly invalidinvalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner The Members shall be entitled to rely on the provisions of this Agreement, and no Partner the Members shall not be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on the terms of this Agreement. The Partners and the Company Members hereby agree that the duties and obligations imposed on the Partners Members as such shall be those set forth in this Agreement, which is intended to govern the relationship among between the Company and the PartnersMembers, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends and restates the Original Agreement in its entirety. This Agreement supersedes the Original Agreement, which shall be of no further force or effect. The Partners agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Subject to Section 13.2, the Partners intend that this Agreement and the Transaction Documents shall be the sole source of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner shall be entitled to rely on the provisions of this Agreement, and no Partner shall be liable to the Company Partnership or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement. The Partners and the Company Partnership agree that the duties and obligations imposed on the Partners as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company Partnership and the Partners, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends and restates the Original Agreement in its entirety. This Agreement supersedes the Original Agreement, which shall be of no further force or effect. The Partners agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Partners intend that this Agreement Agreement, the Formation Agreement, the Development Agreement, and any other agreements to be entered into pursuant to the Formation Agreement, shall be the sole source of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner shall be entitled to rely on the provisions of this Agreement, and no Partner shall be liable to the Company Partnership or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement. The Partners and the Company Partnership agree that the duties and obligations imposed on the Partners as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company Partnership and the Partners, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends is made and restates entered into by the Original Agreement in its entirety. This Agreement supersedes Member on the Original Agreement, which shall be of no further force or effectEffective Date. The Partners agree Member agrees to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Partners intend Member intends that this Agreement shall be govern the sole source operation and management of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except Company and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Internal Revenue Code or of 1986, as amended, and the Treasury Regulations thereunder or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner The Member shall be entitled to rely on the provisions of this Agreement, and no Partner shall not be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement, except for gross negligence or willful misconduct. The Partners Member and the Company agree that the duties and obligations imposed on the Partners Member as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company and the PartnersMember, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends For and restates in consideration of the Original Agreement in its entirety. This Agreement supersedes mutual covenants herein contained and for other good and valuable consideration, the Original Agreementreceipt and sufficiency of which are hereby acknowledged, which shall be of no further force or effect. The Partners the Sole Member and the Company hereby agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated amended according to its terms. The Partners intend It is the express intention of the Sole Member and the Company that this Agreement shall be the sole source of agreement of the agreement among the parties with respect to the Property Sole Member and the Company’s business and purpose. Except , and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other lawlaw or rule. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision the Agreement effective under the Act. If In the event the Act is subsequently amended or interpreted in such a way as to validate a make any provision of this Agreement that was formerly invalidinvalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner The Sole Member shall be entitled to rely on the provisions of this Agreement, and no Partner the Sole Member shall not be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on the terms of this Agreement. The Partners Sole Member and the Company hereby agree that the duties and obligations imposed on the Partners Sole Member as such shall be those set forth in this Agreement, which is intended to govern the relationship among between the Company and the PartnersSole Member, notwithstanding any provision of the Act, fiduciary duties Act or common other law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends and restates the Original Agreement in its entirety. This Agreement supersedes the Original Agreement, which shall be of no further force or effect. The Partners agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Partners intend that this Agreement and the Transaction Documents shall be the sole source of the agreement among the parties with respect to the Property and the Company’s business and purpose. Except parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Treasury Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner shall be entitled to rely on the provisions of this Agreement, and no Partner shall be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement. The Partners and the Company agree that the duties and obligations imposed on the Partners as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company and the Partners, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.

Agreement; Effect of Inconsistencies with Act. This Agreement amends and restates the Original Agreement in its entirety. This Agreement supersedes the Original Agreement, which shall be of no further force or effect. The Partners ----------- ---------------------------------------------- agree to the terms and conditions of this Agreement, as it may from time to time be amended, supplemented or restated according to its terms. The Partners intend that this Agreement shall be the sole source of the agreement among the parties with respect to the Property Subsidiaries and the Company’s business and purpose. Except Properties (as herein defined), and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations (as herein defined) or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different from than, the provisions of the Act or any other law. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make such provision effective under the Act. If the Act is subsequently amended or interpreted in such a way as to validate a provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Each Partner shall be entitled to rely on the provisions of this Agreement, and no Partner shall be liable to the Company or to any other Partner for any action or refusal to act taken in good faith reliance on this Agreement. The Partners and the Company agree that the duties and obligations imposed on the Partners as such shall be those set forth in this Agreement, which is intended to govern the relationship among the Company and the Partners, notwithstanding any provision of the Act, fiduciary duties Act or common law to the contrary.